Most personal injury cases are settled before they reach trial, but sometimes the proceedings go all the way to court. If there is a mistrial or an appeal, a retrial may occur, as well. If your case goes to a retrial, a personal injury attorney from Vincent Criscuolo & Associates in Rochester, NY, will guide you through every step of the proceedings. Below, their skilled team answers a few of the most frequently asked questions regarding personal injury retrials.

Personal Injury Attorney Answers FAQs Regarding Retrials

Is the Retrial an Entirely New Proceeding?

In a retrial, there is a whole new jury, and its members have the right to reach their own conclusions, regardless of the outcome of the original trial. In that sense, the retrial is a new proceeding.

Can the Verdict Be Reversed in a Retrial?

Because the retrial involves a new jury, it is possible for the case to result in a different outcome than the original trial. This is a risk that both parties are taking when agreeing to a retrial instead of reaching a settlement offer that satisfies both of them.  

When Might a Judge Order a Retrial?

If misconduct happens during the trial, the judge may order a retrial, in which case going back to court is not up to the opposing parties. Such a scenario might occur if the jury can’t reach a verdict, a procedural error is made, or a judge, lawyer, or juror falls ill and can’t continue with the trial.

What Is the Law of the Case?

The law of the case refers to rulings that occurred as a result of earlier proceedings. If prior proceedings followed legal protocol, the law of the case stands in future rulings; however, if an error occurred in earlier proceedings, the court will prevent it from happening again, regardless of how it might have affected the outcome of the case.

If you are recovering from serious injuries and you want to file a claim, turn to a personal injury attorney at Vincent Criscuolo & Associates in Rochester, NY. Visit the firm online to learn how they can assist with workers’ comp and social security disability benefits, and call (585) 232-3240 to talk to a personal injury lawyer today.